Loading...
HomeMy WebLinkAbout1998-221ORDINANCE NO 0 aA AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFES- SIONAL SERVICES AGREEMENT WITH CARTER & BURGESS, INC FOR DESIGN OF EAGLE DRIVE AND COLLINS STREET DRAINAGE IMPROVEMENTS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is hereby authorized to execute a Professional Services Agreement with Carter & Burgess, Inc for professional engineering services for design of Eagle Drive and Collins Street drainage improvements, in substantially the form of the Agreement attached hereto and incorporated herein by reference SECTION II. That the expenditure of funds as provided in the attached Agreement is hereby authorized SECTION III That this ordinance shall become effective immediately upon its passage and approval �/�ti PASSED AND APPROVED this the ? day of 11998 JA ILLER, MAYOR ATTEST JENNIIFER WALTERS, CITY/SECRETARY BY 1la"?V.10 APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY I V, IWx/ p �shuod\deps\LGL\0ur Documents\Ordur=cea\98ker1er burgess eagle Mve sWc PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF EAGLE DRIVE AND COLLINS STREET DRAINAGE IMPROVEMENTS STATE OF TEXAS § COUNTY OF DENTON § THIS GREEME-NT is made and entered into as of the day of 19 , by and between the City of Denton, Texas, a Texas municipal corpor ion, with its principal office at 215 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Carter and Burgess, Inc, with its corporate office at 7950 Elmbrook, Dallas, Texas, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows ARTICLE I EMPLOYMENT OF CONSULTANT The OWNER hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas The professional services set out herein are in connection with the following described project The Project shall include, without limitation, construction documents for drainage system along Maple between Locust and Myrtle, along Myrtle between Eagle Drive and Maple, along Eagle Drive between Myrtle and just west of Cleveland Along Cleveland between Eagle Drive and Collins Street, along Collins Street between Cleveland and Bernard to outfall of the detention Pond on the east side of the Arbors Apartments ARTICLE II SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner To perform all those services set forth in CONSULTANT's exhibits which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein 97233300 DENTON2 DOC ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which are', not included in the above-desenbed Basic Services, are described as follows A During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U S Environmental Protection Agency, or other regulatory agencies The CONSULTANT will assist OWNER's personnel on an as -needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts B Assistmg OWNER or contractor in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this Agreement Such services, if any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement C Sampling, testing, or analysis beyond that specifically included in Basic Services D Preparing copies of computer aided drafting (CAD) electronic data bases, drawings, or files for the OWNER's use in a future CAD system E Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications F Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER G Providing geotechnical investigations for the site, including soil borings, related analyses, and recommendations ARTICLE IV PERIOD OF SERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon issue of a notice to proceed by the OWNER, and shall remain in force for the period which may reasonably be required for the completion of the Project, including Additional Services, if any, and any required extensions approved by the OWNER This Agreement may be sooner terminated in accordance with the provisions hereof Time is of the essence in this Agreement The CONSULTANT shall make all reasonable efforts to complete the 97233300 Page 2 services set forth herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or his designee ARTICLE V COMPENSATION A COMPENSATION TERMS "Direct Non -Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment B BILLING AND PAYMENT For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the lump sum shown in Exhibit "A which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non -labor expenses not to exceed $89,742 00 Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements rendered to and approved by the OWNER through its City Manager or his designee, however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is rendered The OWNER may withhold the final five percent (5%) of the contract amount until completion of the Project Nothing contained in this Article shall require the OWNER to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement The OWNER shall not be required to make any payments to the CONSULTANT when the CONSULTANT is in default under this Agreement It, is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER A ADDITIONAL SERVICES For additional services authorized in writing by the OWNER in Article III, the CONSULTANT shall be paid based on the Schedule of Charges at an hourly rate shown in Exhibit `B" Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof Statements shall not be submitted more frequently than monthly 97233300 Page 3 A PAYMENT If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (60a') day, and, in addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V, "Compensation " ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or any subcontractors or subconsultants ARMLEXII OWNERSHIP OF DOCUMENTS All documents prepared or furmshed by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement The CONSULTANT is entitled to retain copies of all such documents The documents prepared and furnished by the CONSULTANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall beat OWNER's sole risk and expense In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project ARTICLE VITI INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an independent contractor, not as an employee of the OWNER CONSULTANT shall not have or claim any right ansmg from employee status 97233300 Page 4 AR11CLUX INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the OWNER, and including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved ARTICLE X INSURANCE During the performance of the services under tlus Agreement, CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A- or above Comprehensive General Liability Insurance with bodily injury limits of not less than $500,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000Ifor each accident Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate The CONSULTANT shall furnish insurance certificates or insurance policies at the OWNER's request to evidence such coverages The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified, without thirty (30) days' prior written notice to OWNER and CONSULTANT In such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage 97233300 Page 5 ARTICLE XI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation No arbitration or alternate dispute resolution ansing out of or relating to this Agreement, involving one party's disagreement, may include the other party to the disagreement without the other's approval ARTICLE XII TERMINATION OF AGREEMENT Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30), days' advance written notice to the other party This Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure, and (2) an opportunity for consultation with the terminating party prior to termination If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render a final bill for services to the OWNER within thirty (30) days after the date of termination The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article V "Compensation " Should the OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate in providing information The CONSULTANT shall turn over all documents prepared or famished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies of such documents for its use ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, nor be deemed a release of the responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work, nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants 97233300 Page 6 All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein Mailed notices shall be deemed communicated as of three (3) days' mailing To CONSULTANT Carter & Burgess, Inc Alex Martinez, P E Project Manager 7950 Elmbrook Dr Dallas, Texas 75247-4951 To OWNER City of Denton Jerry Clark, P E Director of Engineering and Transportation Dept City Hall West 221 N Elm Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 10 pages and 2 exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof ARTICLE XVI SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not pause the remainder to be invalid or unenforceable In such event, the parties shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision 97233300 Page 7 ARTICLE XVII COMPLIANCE WITH LAWS The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended ARTICLE XVIII DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national oiigm or ancestry, age, or physical handicap ARTICLE XIX PERSONNEL A The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement Such personnel shall not be employees or officers of, or have any contractual relations with the OWNER CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement B All services required hereunder will be performed by the CONSULTANT or under its supervision All personnel engaged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agre ement, and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER ARTICLE XXI MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed, and the parties further agree that the provisions of this section will not be waived unless as set forth herein 97233300 Page 8 ARTICLE XXII MISCELLANEOUS A The following exhibits are attached to and made a part of this Agreement Exhibit A - Eagle Drive / Collins Street Plan Preparation for Drainage Improvements Scope of Work and Compensation Exlubit B - Professional Services Rate Structure B CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT involving transactions relating to this Agreement CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section OWNER shall give CONSULTANT reasonable advance notice of intended audits C Venue of any suit or cause of action under this Agreement shall he exclusively in Denton County, Texas This Agreement shall be construed in accordance with the laws of the State of Texas D For the purpose of this Agreement, the key persons who will perform most of the work hereunder shall be from the Carter & Burgess Dallas office However, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein E CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and in accordance with the provisions hereof In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the OWNER F The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private; property as required for the CONSULTANT to perform services under this Agreement The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement 97233300 Page 9 IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSU�yT��NT has executed this Agre ment through its duly authorized undersigned officer on this the �f — day of I91 CITY OF DENTON, TEXAS u� TED BENAVIDES, CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY APFaVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY ffm CONSULTANT CARTE & BURGESS, INC PHIL DEATON, P E , SR VICE PRESIDENT WITNESS 97233300 Page 10 EXHIBIT A EAGLE DRIVE / COLLINS STREET PLAN PREPARATION FOR DRAINAGE IMPROVEMENTS SCOPE OF WORK AND COMPENSATION A Design Survey Perform design survey along proposed alignment of storm sewer along Maple Street, Myrtle Street, Cleveland Street and Collins Street Design survey includes setting project control, locating horizontal and vertical location of visible improvements such as curbs, gutters, driveways, utility manholes, inlets, valves, meters, trees 6" calipers and larger, sidewalks, power poles, light poles, traffic signals, and sufficient property corners to construct a best fit ROW for design purposes B Base Mapping Prepare base map at 1-inch equals 20 feet scale using the design survey data C Preliminary Design Refine drainage are map, inlet sizing and runoff calculations from previous study Develop horizontal and vertical layout for proposed storm sewer system with the downstream outfall located at Locust and concrete lined channel, tributary of Stream PEC- 4 The storm sewer system will be located along Maple between Locust and Myrtle, along Myrtle between Eagle Drive and Maple, along Eagle Drive between Myrtle and just west of Cleveland, along Cleveland between Eagle Drive and Collins Street along Collins Street between Cleveland and Bernard to the outfall of the detention pond on the east side of the Arbors Apartments A map is attached at the end of this Exhibit showing proposed storm sewer system D Final Design Prepare Documents Suitable for bidding to include Cover Sheet General Notes & Quantities Drainage Area Map & Calculations Storm Sewer Plan & Profiles Details Suggested Sequence of Work and Traffic Control Plan Specifications 97233300 CO2 E Record Drawings Prepare record drawings using contractor's mark-ups on changes to construction drawings during construction F Deliverables 1 Preliminary Design - 2 sets of bluelines 2 Construction Documents - 1 set of mylars and 1 set of original specifications 3 Record Drawings - 1 set of mylars Lump Sum Fee $89,742 00 SCHEDULE A Design Survey 15 weeks B Base Mapping 10 weeks C Preliminary Design 4 0 weeks D Final Design 6 0 weeks TOTAL 12 5 weeks Above schedule is exclusive of City Review time 97233300 CO2 0 TIC - }(01 I 11 ►4 j I _ _ �_ - ,n , 1 ,�1 a .mop' l 4 A � � I _7 1 ] EXHIBIT `B" PROFESSIONAL SERVICES RATE STRUCTURE Principal Project Manager Project Engineer Office Surveyor Registered Surveyor Technician Field Parry (3 man) Field Parry (2 man) $100 00/hour to $150 00/hour $80 00/hour to $100 00/hour $65 00/hour to $90 00/hour $50 00/hour to $60 00/hour $72 00/hour to $105 00/hour $45 00/hour to $75 00/hour $95 00/hour to $100 00/hour $70 00/hour to $80 00/hour